By Chris Ramsaroop and Selwyn Pieters
In the wake of the arrest of student activist Elan Ohayon, students, community and the homeless returned to Allan Gardens Friday October 27, 2000, Friday November 03, 2000 and Friday November 10, 2000, despite police attempts to crackdown on political protest. Since last August, the collective have slept in the park every Friday night for the last year in order to bring awareness to the crisis of homelessness and the lack of affordable housing in Toronto.
The Friday sleep outs included a speak out and support rally for Ohayon who was arrested and brutally beaten in Allan Gardens by Toronto Police officers on Saturday October 21, 2000. The injuries which Elan suffered as a result of the violent assault by police includes an "orbital bruise", marks on his neck consistent with choking, an injury to his head from the hits to his head by Toronto's finest, indentation of the handcuffs which were tightly packed on his wrists, and bruising on his shoulders.
The Toronto Police Service officers who effected this arrest was from the Public Safety Unit and they were "sweeping" because they apparently viewed Allan Gardens as a possible staging area for the Tory Convention which took place the day Ohayon was arrested.
The Public Safety Unit behavior at Allan Gardens was lawless. Quite apart from the brutal assault on Elan, who was resting peacefully in a sleeping bag, these officers destroyed a video camera which was taping the encounter with Elan (after the officers removed the videocassette), as well as they removed the film in a photographic camera held by Oriel Varga, who was also in the tent.
Police arrested Ohayon and ticketed both Oriel and him for by-law infractions related to taking shelter in a park. Ohayon was held at the Don Jail until November 10, 2000, due to his refusal to accept bail conditions, which stipulate that he may not return to Allan Gardens.
"My interest is to get this out as soon as possible, to let people know that this has happened while it is still fresh in my mind... this is really police intimidation to stop a political point", said Ohayon on Monday October 23, 2000.
"The events of last week which has lead to Elan's imprisonment is a daily experience which the most vulnerable members of our society must face. Instead of directing much needed financial resources for housing, our politicians have increased funding for the police while decreasing their accountability to the public. It is time that all levels of governments, municipal, provincial and federal allocate an additional 1% of their budgets for housing now!" Oriel Varga, ongoing protester at the Allan Gardens Project. The protestors demands are:
On Friday November 10, 2000, the Bail Review Application to secure Elan's release was heard by Mr. Justice Hamilton who swiftly dropped all of the bail conditions against Elan, applying the court decision in Clark, Hereux and Philipa.Emergency measures be put in place in time for the winter A national strategy to build public housing; adopting the 1% solution An end to police harassment and violence against marginalized communities The bail conditions and all charges against Elan Ohayon be dropped (Those charges went to trial and was dismissed by the Judge
That ruling was in reference to bail conditions of OCAP (Ontario Coalition Against Poverty) members who were arrested on charges relating to the June 15th demonstration at Queen's Park that they were not to be within 50 metres of Allan Gardens.
Mr. Justice Grossi in striking out that condition said:
To restrict the applicants' attendance in Allan Gardens may have the effect of depriving those in need from obtaining assistance.Elan spent Friday evening in the Allan Gardens where he was greeted fellow activists, his friends and other supporters who showed up that evening.
Despite the fact that the homeless have nowhere else to go, it is an offence to sleep or put up a structure in a park. A makeshift tent has been erected for many weeks by Allen Garden's Protesters to protect against the cold, rain and wind. They have been ticketed on several occasions. The protest continues every Friday evening, if you would like to come out in support, please wear warm clothing if you will stay the night. Individuals who want to sleep out through the night may wish to bring sleeping bags, tents and video camera equipment.
Elan Ohayon, and Alex Brown appeared in courtroom "B", Old City Hall, at 1:30 p.m. on October 16th, 2000 to contest charges dwell or camp in park without permit contrary to section 15 of the former City of Toronto By-law No. 736-92, Uniform Parks By-law.
Those charges were laid on June 17, 2000, by police officers from the Toronto Police Service in retaliation for the June 15, 2000 protest at Queen's Park.
A constitutional challenge has been launched to the former and current by-laws on the basis that it violates sections 2 (b), 2(d), 7, 9, and 15(1) of the Charter of Rights and Freedoms.
City of Toronto Municipal Code 255-15 Camping and lodging Unless authorized by permit, no person shall dwell, camp or lodge in any park.Chapter 255 is based on By-law No. 736-92, but it is the Code Chapter that is updated with amendments, not the base by-law (which is By-law No. 736-92).255-16 Tents and structures Unless authorized by permit, no person shall place, install or erect any temporary or permanent tent or structure in any park.
The charges were withdrawn by the prosecutor. Oriel Varga's charges are also withdrawn.
For more information please contact:
- Bill Fitzpatrick 416-825-6441
- Chris Ramsaroop 416-832-4932
- Oriel Varga 416-894-1290
Courtesy of the Allan Gardens Project
October 27, 2000
updated November 20, 2000